Church,State, and Society in the East

The articles in this issue of Russian Politics and Law examine the role of religion in state-society relations in Russia, with a specific focus on the Russian Orthodox Church. They highlight the role of the Church in modern Russian society and its relationship with the state, showing that as the relationship between Church and state has become closer, hopes that Patriarch Kirill would rejuvenate the Church have proved largely unfounded.     

Church,State, and Society in the East

This issue of Russian Politics and Law concludes our series reviewing the role of religion in state-society relations in the former Soviet Union. This issue examines the role of the Church in Belarus and provides several analytical perspectives on the series' findings. The analytical findings highlight the distinction between the extent of popular identification with Orthodoxy and levels of active practice and belief among the population.     

Church,State, and Society in the East

The articles in this issue of Russian Politics and Law review the role of religion in state-society relations in the former Soviet Union. They examine the role of the Church in several former Soviet republics and show that the Orthodox Churches in former Soviet states share many commonalities.     

Legal Hybridity,Trust, and the Legitimacy of the Shari'ah in the Bangsamoro

Legal hybrids have the potential to address justice and development issues in both conflict and postconflict settings. Using the Philippine Shari'ah court system as a case study, this study demonstrates that state hybrids suffer from legitimacy and capacity issues that also constrain their ability to deliver effective justice services and respond to conflict challenges. Forging cooperative networks between secular courts and Shari'ah courts and between local justice personnel and central justice authorities can enhance the effectiveness and legitimacy of a formalized legal hybrid. This can assist in addressing the justice deficit that fuels the cycle of conflict and sustain peacebuilding efforts postconflict.     

Pain, Impairment, and Disability in the AMA Guides

Physicians use the American Medical Association's Guides to the Evaluation of Permanent Impairment, 5th edition to evaluate millions of disability applicants each year. As major contributors to the chapter in the Guides devoted to assessing impairment associated with pain, we confronted the difficulties of incorporating pain into the Guides' overall evaluation system. Analysis of these difficulties is complicated by the paucity of research on the Guides, and by ambiguities and contradictions that pervade it. We propose that the ambiguities can be reduced if impairment is consistently defined in terms of organ or body part derangement, and disability in terms of activity limitations at the level of the whole person. We also propose a distinction between objective factors that may influence a person's ability to perform activities following injury. We suggest that when physicians examine disability applicants, they should evaluate both objective measures of organ or body part dysfunction and subjective reports of applicants -- especially ones regarding pain. We conclude that a comprehensive medical evaluation of disability applicant encompasses more than an impairment assessment.     

Art,Artists' Associations,and the State in Norway

Conservation of indigenous heritage is closely associated with the political and social position of the indigenous people in society. In order to understand the ongoing debate and changing perspectives on indigenous heritage, study of the growth of American Indian communities and their relationships with the U.S. government is crucial. Therefore, this article examines the federal policies and programs and the political dynamics presented in conserving indigenous heritage by reviewing Indian policy developments within the past two decades. American Indians did not possess ownership of their own cultural heritage and could not participate in the administration and formation of legal protection for heritage conservation. Policy changes have been influenced by the evolving roles of American Indian communities; this article explains how tribes finally became a partner in heritage conservation efforts.     

May,Should, or Do,Administrative Judges Participate in the Management of the Public Sphere in the Rule of Law?

The article concerns the actual impact of courts controlling the activity of public administration on the direction of its activities and the content of issued decisions. In particular, it concerns sovereign individual decisions that affect the sphere of civil rights and freedoms. The aim of the article is to seek an answer to the question of whether independent judges actually participate in the process of management in the public sphere, which is characterised by elements of politics and (regardless of the answer to this question) whether such participation is allowed or (even) necessary in modern rule of law states. The main argument is that regardless of whether the courts controlling the administration have reformatory or exclusive cassation powers, they influence the decision-making process in the public sphere. At the same time, such influence not only does not violate the fundamental values of the rule of law, but is even sometimes necessary. This does not mean that courts should interfere in the management processes in the public sphere in every case.

     

Departmentalization, migration, and the politics of the family in the post-war French Caribbean

This article examines the ways in which metropolitan French officials attempted to deal with the “population problem” in Martinique and Guadeloupe after they became overseas departments (DOMs) of France in 1946. Warning of a demographic crisis in the Antilles, French administrators targeted what they saw as a loose family structure and promoted European family values of Christian marriage and a stable nuclear family. The government justified smaller social subsidies to citizens of the new DOMs by citing the supposedly problematic nature of the Caribbean family and its difference from the French norm. In 1963 the government initiated a wave of emigration to the metropole through an agency called BUMIDOM which was to decrease birth rates in the Antilles and provide much-needed unskilled labor in France itself. Although the impact of emigration on the birthrate is unclear, one lasting legacy of this period was the acute sense of injustice many Antilleans felt at being treated unequally by the state. While birth rates have gone down in the DOMs it had little to do with the acceptance of European family models.     

Effort,incentives, and culture in the Czech Senate

This paper uses the natural experiment of seat allocation in the first Czech Senate to assess the effects of incentives on legislative effort. Contrary to previous work using similar research designs, the incentive of longer terms has little effect on the effort levels of legislators. This may reflect the parliamentary context, the newness of the Czech Senate, or, most interestingly, political culture.     

Departmentalization,migration, and the politics of the family in the post-war French Caribbean

This article examines the ways in which metropolitan French officials attempted to deal with the “population problem” in Martinique and Guadeloupe after they became overseas departments (DOMs) of France in 1946. Warning of a demographic crisis in the Antilles, French administrators targeted what they saw as a loose family structure and promoted European family values of Christian marriage and a stable nuclear family. The government justified smaller social subsidies to citizens of the new DOMs by citing the supposedly problematic nature of the Caribbean family and its difference from the French norm. In 1963 the government initiated a wave of emigration to the metropole through an agency called BUMIDOM which was to decrease birth rates in the Antilles and provide much-needed unskilled labor in France itself. Although the impact of emigration on the birthrate is unclear, one lasting legacy of this period was the acute sense of injustice many Antilleans felt at being treated unequally by the state. While birth rates have gone down in the DOMs it had little to do with the acceptance of European family models.     

Child Brides, Inegalitarianism, and the Fundamentalist Polygamous Family in the United States

Despite the ongoing shift in contemporary notions of what orwho constitutes a family, the idea of the polygamous familyremains on the margins of what is deemed a legitimate maritaland familial structure in liberal democratic societies suchas the US. Nevertheless, despite the illegality of polygamyand the social stigma attacted to it, thousands of Mormon Fundamentalistpolygamists live and practice in the US. This article assessesthe arguments in favor of and against the legalization and,consequently, the legitimatization of polygamous marriage. Itexplores three grounds polygamists have employed or could employto advocate legalization of the practice of plural marriage:freedom of religion, sexual privacy (as defined by the recentcase of Lawrence v. Texas), and contractualism. However, theauthor concludes that the impact of the Fundamentalist polygamouslifestyle on the autonomy, integrity, and equality of adultwomen and children is sufficiently troubling that lifting thesanction on plural marriage may run counter to basic considerationsof justice.     

Death certificates in Germany, England, The Netherlands, Belgium and the USA

Every country has its own legal system regarding post mortem examinations and death certificates. The authorities want to know the cause and the manner of death of their citizens and especially whether someone is responsible for the death of someone else. In this article a comparison is made between the legal regulations in the Netherlands, Belgium, Germany, England and the USA. Specific attention is given to the following aspects: which official performs the post mortem exam, what is the role of the attending physician by issuing the death certificate and how is the privacy of the deceased protected.     

Tobacco status,impulsivity, and the five-factor of the PANSS in paranoid schizophrenia

There is consistent evidence that impulsivity is linked to tobacco consumption and to symptomatology in schizophrenia. In the current study, we propose a new integrative model of the relationship between impulsivity, psychopathological symptoms, and tobacco status in patients with paranoid schizophrenia. We investigated 33 paranoid schizophrenia patients and 37 healthy controls using a battery of psychopathological scales included the Structured Clinical Interview for DSM-IV (SCID), the five-factor model of the Positive and Negative Symptom Scale (PANSS), the Barratt Impulsiveness Scale (BIS-10), and the UPPS Impulsive Behavior scale (UPPS). Step-wise regression analysis revealed that positive factor of the PANSS and tobacco status contributed positively and significantly to the explained variance of impulsivity. In addition, non-planning impulsivity and sensation-seeking emerged as significant predictors of tobacco status, while smoking predicted non-planning impulsivity and sensation-seeking. Our results suggest that the relationship between sensation-seeking and tobacco use is reciprocal and proposes a new integrative model of the relationship between impulsivity, positive symptoms and tobacco status in patients with paranoid schizophrenia. However, the exact mechanisms for these relationships deserve further investigation.     

Justice, at last, in the archetypical patent entitlement dispute

The Court of Appeal has held that Cinpres was not estopped fromsucceeding in its entitlement claim, despite having failed inan earlier claim concerning the related application, and isthe rightful owner of a disputed European patent.     

Modeling Facts,Culture, and Cognition in the Gun Debate

Can empirical data generate consensus about how to regulate firearms? If so, under what conditions? Previously, we presented evidence that individuals' cultural worldviews explain their positions on gun control more powerfully than any other fact about them, including their race or gender, the type of community or region of the country they live in, and even their political ideology or party affiliation. On this basis, we inferred that culture is prior to facts in the gun debate: empirical data can be expected to persaude individuals to change their view on gun policies only after those individuals come to see those policies as compatible with their core cultural commitments. We now respond to critics. Canvassing the psychological literature, we identify the mechanisms that systematically induce individuals to conform their factual beliefs about guns to their culturally grounded moral evaluations of them. To illustrate the strength and practical implications of these dynamics, we develop a series of computer simulations, which show why public beliefs about the efficacy of gun control can be expected to remain highly polarized even in the face of compelling empirical evidence. Finally, we show that the contribution culture makes to cognition could potentially be harnessed to generate broad, cross-cultural consensus: if gun policies can be framed in terms that are expressively compatible with diverse cultural worldviews, the motivation to resist compelling empirical evidence will dissipate, and individuals of diverse cultural persuasions can be expected rapidly to converge in their beliefs about what policies are best. Constructing a new, expressively pluralistic idiom of gun control should therefore be the first priority of policy-makers and -analysts interested in promoting the adoption of sound gun policies.